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Public goods contrast with private goods. Pure public goods have the unique characteristics of non-excludability and non-rivalry in consumption while private goods are sold to those who can afford to pay the market price. The under-supply equilibrium of a public goods provision is an important aspect of the provision of public goods. The economic theory of clubs represents an attempt to explain the under-supply equilibrium of a public goods provision. It raises many different and controversial issues which impinge on government policy in the public sector. In many respects, a club provision proffers an alternative to a central government provision of local public goods. The salient characteristic of a club, the excludability factor, may militate against an equal and democratic distribution of the club good. At the level of voluntary clubs, with which Buchanan was originally concerned, club theory can critically appraise the efforts at achieving optimal membership of the club and the maximum utility of club members. As the literature introduces increasing problems with cooperation then it behoves law and economics scholars to research and develop non-market and/or non-cooperative solutions to an optimal provision of public goods. JEL classification: D60, D71, K00.
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